Defence against PPS (BW Legal) for 3 parking charges occurring over 5 years and three months ago!

Alexirving

Le_Kirk said:

Alexirving said:

Thanks Le_Kirk i understand ill have another go and post the results

Here is a link 26 February at 7:42PM to a defence written by @Johnersh (solicitor) which might give you some guidance about style and format; NOTE that I am not suggesting you use that defence as it doesn't match your case but read it and see how you might adapt your defence accordingly.

Thankyou so much Le_Kirk that is a great help, this is so alien to me and trying to articulate a defence is a real struggle for me

Alexirving

Coupon-mad said:

If this is about the same facts as the case that was already heard at Torquay court (with the only difference being the date of PCNs) then add a paragraph about 'cause of action estoppel' (Google it, basically they can't have two bites at the cherry and these facts have already been decided by a competent court to have no cause of action or liability against this Defendant).  They can't keep firing new claims at the same Defendant in a 'drip, drip' form of harassment, in the hope of a different outcome in front of a different Judge when the facts are the same as the already-heard case.

Also you should not have me, myself or I in a defence.  Put it all in the third person, same style as the template. 'The Defendant did this/that' not 'I'.

Thank you Coupon-mad, am i to just add another paragraph into section three for cause of action estoppel?

Alexirving

Alexirving said:

Coupon-mad said:

If this is about the same facts as the case that was already heard at Torquay court (with the only difference being the date of PCNs) then add a paragraph about 'cause of action estoppel' (Google it, basically they can't have two bites at the cherry and these facts have already been decided by a competent court to have no cause of action or liability against this Defendant).  They can't keep firing new claims at the same Defendant in a 'drip, drip' form of harassment, in the hope of a different outcome in front of a different Judge when the facts are the same as the already-heard case.

Also you should not have me, myself or I in a defence.  Put it all in the third person, same style as the template. 'The Defendant did this/that' not 'I'.

Thank you Coupon-mad, am i to just add another paragraph into section three for cause of action estoppel?

Does res judicata still apply when the dates for the PCN’s in this current claim are different from the original claim?

Alexirving

Am i getting any closer?

1)     The facts as known to the Defendant:

2)     
It is admitted that the defendant was the RK of vehicle registration YH59LJZ at the time of the alleged offences. 
It is admitted that between 05/01/2016 and 21/01/2016 dates vehicle registration YH59LJZ was parked at Northernhay Street, Car Park, Exeter.

3)     It is admitted that parking charge notices were affixed to the RKs vehicle.

4)     It is further admitted that pre-action correspondence was entered into with the claimant regarding various parking charge notices ("the PCNs"), as specified in the particulars of claim.

5)     It is denied however that on the dates in question the defendant did not pay to park within the car park as named above. 
The Defendant relies upon his personal bank statements to provided evidence that parking was paid for on the dates in question between 05/01/2016 and 21/01/2016.
The defendant places reliance on the action estoppel as this claim has already been pursued at the County Court at Torquay and Newton Abbot, Nicholson Road, Torquay, Devon TQ2 7AZ, Claim Number E7DP9T6Y where as the claim was dismissed under the same subject matter.

Without prejudice to the foregoing, the Claimant is put to proof that any parking signs or contracts permit them to seek enhanced costs of £846.74 in total for the PCN’s
The interest calculations appear to be incorrectly applied and calculated notwithstanding the various dates of the PCNs and the later application of what appears to be a punitive sum of liquidated damages. 
Liability is denied. 
For the reasons set out above, the Defendant avers that the Claimant's claim is entirely without merit and has no reasonable prospects of success. 
The Defendant reserves the right to seek costs pursuant to CPR 27.14(2)(g) if this litigation is further pursued where, in all the circumstances, it is unreasonable to do so. 

Le_Kirk

The defendant places reliance on the cause of action estoppel as this claim has already been pursued at the County Court at Torquay and Newton Abbot, Nicholson Road, Torquay, Devon TQ2 7AZ, Claim Number E7DP9T6Y where as the claim was dismissed under the same subject matter.

This is what @Coupon-mad stated.

Umkomaas

The two legal terms are very closely related. 

https://www.charlesrussellspeechlys.com/en/news-and-insights/insights/litigation--dispute-resolution/2014/to-re-litigate-or-not-to-re-litigate-that-is-the-question/

Alexirving

My acknowledgment of service was received on the 15/02/21 how long do i has to submit my defence please?

Thanks
 

Umkomaas

Alexirving said:

My acknowledgment of service was received on the 15/02/21 how long do i has to submit my defence please?

Thanks
 

What did @KeithP tell you on 23/02  21/02 at 2:53pm?

KeithP

Umkomaas said:

Alexirving said:

My acknowledgment of service was received on the 15/02/21 how long do i has to submit my defence please?

Thanks 

What did @KeithP tell you on 23/02 at 2:53pm?

Pssst... 21st February.   

Umkomaas

KeithP said:

Umkomaas said:

Alexirving said:

My acknowledgment of service was received on the 15/02/21 how long do i has to submit my defence please?

Thanks 

What did @KeithP tell you on 23/02 at 2:53pm?

Pssst... 21st February.   

Adjusted! 😊